RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2007 DOCKET NUMBER: AR20070004670 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Dean L. Turnbull Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Mr. Frank C. Jones II Member Ms. Carmen Duncan Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show the award of the Purple Heart based on his 100 percent Post Traumatic Stress Disorder (PTSD) rating. 2. The applicant states, in effect, that for one week each in Baltimore, Maryland and Cambridge Maryland, he participated in the Martin Luther King Jr. riots. He states that all of America would like for the veterans with PTSD to qualify for an award of the Purple Heart. 3. The applicant provides a copy of a letter from the Department of Veterans Affairs (DVA), dated 22 March 2007. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records show that he entered active duty for training on 3 September 1963. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 310.00 (Field Communication Crewman). 3. He was honorably released from active duty and transferred to the control of the Maryland Army National Guard on 14 March 1964. He had completed   5 months and 11 days of active service. 4. On 7 April 1968, the applicant was called to active duty by Executive Order 11405, dated 7 April 1968 in support of incidents occurring during the Civil Disturbance riots following the death of Martin Luther King Jr. He was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 115th Infantry Regiment, Maryland Army National Guard. His tour of duty ended on 12 April 1968 after serving 6 days of active service. 5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form   214 (Armed Forces of the United States Report of Transfer or Discharge) shows no awards or decorations. 6. In the letter from the DVA, it states that the applicant was awarded   100 percent rating for his PTSD and because of that rating the applicant feels he should be recognized. As an exception to policy the applicant would like to have the award of the Purple Heart. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. This regulation also provides that there are no time limitations on requests for award of the Purple Heart. This same regulation states that an example of an injury or wound which clearly does not justify award of the Purple Heart is PTSD. 8. A review of the applicant's records does not indicate entitlement to additional awards and decorations not shown in item 26 of his DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should be awarded the Purple Heart because of his 100 percent PTSD rating. 2. Evidence shows that the applicant was not engaged in combat operations against an enemy force outside the United States nor was he wounded and treated by a medical officer. Regulatory guidance states that PTSD does not meet the requirements for an injury or wound to justify award of the Purple Heart. Therefore, the applicant is not entitled to corrections of his records to show this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____lds__ ___fcj___ ____cd __ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _________Linda D. Simmons_______ CHAIRPERSON INDEX CASE ID AR20070004670 SUFFIX RECON YYYYMMDD DATE BOARDED 20070906 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.